Legal Opinion

Nicholson v. Scoppetta

New York Court of Appeals

Decided October 26, 2004PublishedCited by 771 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

In this federal class action, the United States Court of Appeals for the Second Circuit has certified three questions centered on New York’s statutory scheme for child protective proceedings. The action is brought on behalf of mothers and their children who were separated because the mother had suffered domestic violence, to which the children were exposed, and the children were for that reason deemed neglected by her.

In April 2000, Sharwline Nicholson, on behalf of herself and her two children, brought an action pursuant to 42 USC § 1983 against the New…

2Cases cited25 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Tenenbaum v. WilliamsCourt of Appeals for the Second Circuit · 1999
  3. Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.New York Court of Appeals · 1995
  4. Matter of Marino S.New York Court of Appeals · 2003
  5. Nicholson v. ScoppettaCourt of Appeals for the Second Circuit · 2003

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3Cited by771 opinions

  1. In the Matter of Afton C.New York Court of Appeals · 2011
  2. City of New York v. MaulNew York Court of Appeals · 2010
  3. In re Kiara C.Appellate Division of the Supreme Court of the State of New York · 2011
  4. In re Alaina E.Appellate Division of the Supreme Court of the State of New York · 2006
  5. In re Kaleb U.Appellate Division of the Supreme Court of the State of New York · 2010

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